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contra bono mores was too vague to satisfy the ‘prescribed by law’ test, and could not be relied upon to justify detention under Art 5. In R v Hinks [2000] 4 All ER 835 (considered in Chapter 18) Lord Hobhouse (dissenting) was concerned that the effect of the majority view in that case was to create an offence where liability hinged entirely on the issue of whether or not the accused had acted dishonestly. He was particularly concerned at the prospect of a criminal conviction based upon conduct:
DOI link for contra bono mores was too vague to satisfy the ‘prescribed by law’ test, and could not be relied upon to justify detention under Art 5. In R v Hinks [2000] 4 All ER 835 (considered in Chapter 18) Lord Hobhouse (dissenting) was concerned that the effect of the majority view in that case was to create an offence where liability hinged entirely on the issue of whether or not the accused had acted dishonestly. He was particularly concerned at the prospect of a criminal conviction based upon conduct:
contra bono mores was too vague to satisfy the ‘prescribed by law’ test, and could not be relied upon to justify detention under Art 5. In R v Hinks [2000] 4 All ER 835 (considered in Chapter 18) Lord Hobhouse (dissenting) was concerned that the effect of the majority view in that case was to create an offence where liability hinged entirely on the issue of whether or not the accused had acted dishonestly. He was particularly concerned at the prospect of a criminal conviction based upon conduct:
ABSTRACT